California Regulatory Notice Register — Register 2018, No. 47-Z (November 23, 2018)
Cal. Reg. Notice Reg. 2018, No. 47
California Z Register
REGISTER (Continued on next page) Time- Dated Material EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2018, NO. 47−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 23, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2018−1113−05 .......................................... 2039 Amendment Multi−County: Kings River Conservation District San Bernardino Valley Municipal Water District Central Sierra Child Support Agency TITLE 5.
COMMISSION ON TEACHER CREDENTIALING Qualified Individuals with Disabilities — Notice File No. Z2018−1113−09 ............................... 2040 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Supervisory and Management Course Requirements — Notice File No. Z2018−1113−08 .................... 2042 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Training and Testing Specifications — Notice File No. Z2018−1113−07 ................................. 2044 TITLE 14. FISH AND GAME COMMISSION Purple Sea Urchin — Notice File No.
Z2018−1113−10 ............................................... 2046 TITLE 23. DEPARTMENT OF WATER RESOURCES Annual Fees — Dam Safety Program — Notice File No. Z2018−1109−01 ................................ 2049 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA Concurrence Request for San Joaquin River Restoration Project — Implementation of the Hatchery and Genetic Management Plan for the San Joaquin River Salmon Conservation and Research Hatchery Program (2080−2018−014−04), Butte, Napa, Yolo, and Fresno Counties ........................................................... 2053
DEPARTMENT OF TOXIC SUBSTANCES CONTROL City of Benicia Consent Decree ................................................................. 2054 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Chemicals Listed Effective November 23, 2018 as Known to the State of California to Cause Cancer: Gentian Violet and N−Nitrosohexamethyleneimine ..................................... 2055 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Intent to List: p−Chloro−a,a,a−Trifluorotoluene ........................................... 2055 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Modification of Chemical Listing by the Labor Code Mechanism Effective November 23, 2018: Alcoholic Beverages ........................................................ 2057 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65 Updated List of Chemicals — November 23, 2018 ...................................... 2057 RULEMAKING PETITION DECISION DIVISION OF WORKERS’ COMPENSATION Notice of Decision on Petition from Robert McLaughlin Concerning Amendment to California Code of Regulations, Title 8,
Section 9767.5 .............................................. 2077 SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS DEPARTMENT OF STATE HOSPITALS Approval of Items, May 24, 2017 Memorandum, Referenced in Matter No. CTU2018−0907−01 .............. 2080 DEPARTMENT OF STATE HOSPITALS Approval of Items, October 12, 2017 Memorandum, Referenced in Matter No. CTU2018−0907−02 ........... 2080 DEPARTMENT OF STATE HOSPITALS Approval of Items, August 31, 2018 Memorandum, Referenced in Matter No. CTU2018−0910−01 ............ 2081
SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 2081 Sections Filed, June 13, 2018 to November 14, 2018 ................................................. 2083 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.
The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Ma ll, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price).
To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2039 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.
FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: Kings River Conservation District San Bernardino Valley Municipal Water District Central Sierra Child Support Agency A written comment period has been established com- mencing on November 23, 2018, and closing on Janu- ary 7, 2019.
Written comments should be directed to the Fair Political Practices Commission, Attention Brianne Kilbane, 1102 Q Street, Suite 3000, Sacramento, Cali- fornia 95811. At the end of the 45−day comment period, the pro- posed conflict−of−interest code(
s) will be submitted to the Commission’s Executive Director for her review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing is requested, the proposed code(
s) will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above−referenced conflict−of−interest code(s), proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code
Section 87302, employees who must disclose cer- tain investments, interests in real property and income. The Executive Director of the Commission, upon her or its own motion or at the request of any interested per- son, will approve, or revise and approve, or return the proposed code(
s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than January 7, 2019. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.
COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Govern- ment Code
Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code−reviewing body for the above conflict−of− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission.
REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict−of− interest code(
s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2040 A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 5.
COMMISSION ON TEACHER CREDENTIALING Division VIII of Title 5 of the California Code of Regulations Proposed Addition to Title 5 of the California Code of Regulations Pertaining to the Handling of Applications from Qualified Individuals with Disabilities The Commission on Teacher Credentialing (Com- mission) proposes to take the regulatory action de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. PUBLIC HEARING A public hearing on the proposed actions will be held: February 8, 2019 8:30 a.m.
Commission on Teacher Credentialing 1900 Capitol Avenue Sacramento, California 95811 WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments by fax, through the mail, or by e−mail relevant to the proposed action. The written comment period closes at 5:00 p.m. on January 7, 2019. Comments must be received by that time or may be submitted at the public hearing. You may fax your response to (916) 322−0048; write to the Commission on Teacher Credentialing, attn. Tammy A.
Duggan, 1900 Capitol Avenue, Sacramento, California 95811; or submit an email at tduggan@ctc.ca.gov. Any written comments received 15 days prior to the public hearing will be reproduced by the Commission’s staff for each member of the Commission as a courtesy to the person submitting the comments and will be in- cluded in the written agenda prepared for and presented to the full Commission at the hearing. AUTHORITY AND REFERENCE Education Code
section 44225 authorizes the Com- mission on Teacher Credentialing (Commission) to adopt this proposed regulation. The proposed regula- tion implements, interprets, and makes specific Subsec- tion (
b) of Government Code
section 12944 pertaining to requests for reasonable accommodation from quali- fied individuals with disabilities. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
Summary of Existing Laws and Regulations This rulemaking action proposes the addition of Sec- tion 80002.1 to Title 5 of the California Code of Regula- tions to clarify how applications from individuals with qualified disabilities who request reasonable accom- modations will be handled by the Commission. Rationale for the Proposed Addition of
Section 80002.1: Subsection (
b) of Government Code
section 12944 reads, “It shall be unlawful for a licensing board to fail or refuse to make reasonable accommodation to an indi- vidual’s mental or physical disability or medical condi- tion.” The terms “medical condition,” “mental disabili- ty,” and “physical disability” are defined in subsections (i), (j), and (m), respectively, in Government Code sec- tion 12926. Although the cited Government Code
section re- quires licensing boards to provide reasonable accom- modations to qualified individuals with disabilities, the statute does not clarify how requests for reasonable ac- commodation are handled. The proposed addition of
section 80002.1 to Title 5 of the CCR will clarify that Commission staff will be responsible for evaluating ap- plications from individuals who request reasonable ac- commodations due to a disability. Specifically, the ap- plications for reasonable accommodation will be evalu- ated by staff in the Certification Division who will de- termine 1) whether the applicant has submitted suffi- cient medical documentation to demonstrate a limita- tion based on a mental or physical disability or medical condition and 2) whether the request for accommoda- tion is reasonable.
Objectives and Anticipated Benefits of the Proposed Regulations The objective of the proposed addition is to clarify how applications from qualified individuals with dis- abilities who request reasonable accommodations will be handled by the Commission.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2041 The Commission anticipates that the proposed addi- tion will promote fairness and prevent discrimination by ensuring applications from qualified individuals with disabilities who request reasonable accommoda- tions are evaluated properly by staff in the Certification Division.
The Commission does not anticipate that the proposed regulations will result in an increase in open- ness and transparency in government, the protection of public health and safety, worker safety, or the environ- ment, the promotion of social inequity, or an increase in openness and transparency in business. Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulations are not inconsistent or incompatible with existing regulations.
After conducting a review for any regulations that would relate to or affect this area, the Commission has concluded that there is not yet a 5 CCR
section that addresses how applications from qualified individuals with disabilities who request reasonable ac- commodations will be handled. Documents Incorporated by Reference: None. Documents Relied Upon in Preparing Regula- tions: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Commission has made the following initial determinations: Mandate to local agencies or school districts: None. Other non−discretionary costs or savings imposed upon local agencies: None. Cost or savings to any state agency: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None.
Significant statewide adverse economic impact di- rectly affecting businesses including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost to any local agency or school district requiring reimbursement under
Part 7 (commencing with
Section 17500) of the Government Code: None. Cost impacts on a representative private person or business: The Commission is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Statement of the Results of the Economic Impact As- sessment [Govt.
Code § 11346.5(a)(10)]: The Com- mission concludes that it is (1) unlikely that the propos- al will create any jobs within the State of California; 2) unlikely that the proposal will eliminate any jobs within the State of California; 3) unlikely that the proposal will create any new businesses within the State of Califor- nia; 4) unlikely that the proposal will eliminate any ex- isting businesses within the State of California; and 5) unlikely the proposal would cause the expansion of businesses currently doing business within the State of California.
Benefits of the Proposed Action: The Commission anticipates that the proposed addition will promote fair- ness and prevent discrimination by ensuring applica- tions from qualified individuals with disabilities who request reasonable accommodations are evaluated properly by staff in the Certification Division.
The Commission does not anticipate that the pro- posed regulations will result in an increase in openness and transparency in government, the protection of pub- lic health and safety, worker safety, or the environment, the promotion of social inequity, or an increase in open- ness and transparency in business. Effect on small businesses: The proposed regulations will not have a significant adverse economic impact up- on business. The proposed regulations pertain only to the handling of applications from qualified individuals with disabilities who request reasonable accommoda- tions.
CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a)(13), the Commission must de- termine that no reasonable alternative considered by the agency or that has otherwise been identified and brought to the attention of the agency would be more ef- fective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.
The Commission invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at the public hearing. CONTACT PERSON/FURTHER INFORMATION/A V AILABILITY OF THE INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS General or substantive inquiries concerning the pro- posed action may be directed to Tammy A. Duggan by telephone at (916) 323−5354 or Tammy A. Duggan, Commission on Teacher Credentialing, 1900 Capitol Avenue, Sacramento, CA 95811.
General questions and inquiries may also be directed to David Crable at (916) 323−5119 or at the address mentioned in the previous
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2042 sentence. Upon request, a copy of the express terms of the proposed action and a copy of the initial statement of reasons will be made available. This information is also available on the Commission’s website at www.ctc.ca.gov. In addition, all the information on which this proposal is based is available for inspection and copying. A V AILABILITY OF THE RULEMAKING FILE The entire rulemaking file is available for inspection and copying throughout the rulemaking process at the Commission office at the above address.
Copies may be obtained by contacting Tammy Duggan at the address or telephone number provided above. MODIFICATION OF PROPOSED ACTION If the Commission proposes to modify the actions hereby proposed, the modifications (other than nonsub- stantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. A V AILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final rule- making package, after the public hearing.
Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Tammy A. Duggan at (916) 323−5354. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the regula- tions in underline and strikeout can be accessed through the Commission’s website at www.ctc.ca.gov. TITLE 11.
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amendment to the Supervisory and Management Course Requirements Regulation 1005 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cali- fornia Code of Regulations as described below in the In- formative Digest. A public hearing is not scheduled. Pursuant to Government Code
Section 11346.8, any in- terested person, or his/her duly authorized representa- tive, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE JANUARY 7, 2019, AT 5:00 P.M. Notice is also given that any interested person, or au- thorized representative, may submit written comments relevant to the proposed regulatory action by fax at (916) 227−4547, or by letter to: Commission on POST Attention: Andrew Wyant 860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vest- ed by Penal Code
Section 13503 (authority of the Com- mission on POST) and Penal Code
Section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific Pe- nal Code
Section 13503(e), which authorizes POST to develop and implement programs to increase the effec- tiveness of law enforcement, including programs in- volving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW At the October 18, 2018 meeting, the Commission approved a proposed amendment to POST Commission Procedure G−1.
This amendment was proposed in order to modify the regulation to reflect a change from the currently worded “survey” to the more accurately de- fined “study.” In addition, the proposed amendment re- quests removal of any references to the “Peace Officers’ Training Fund,” which is no longer in existence. The amendment also requests the implementation of the ref- erenced fee
schedule for conducting future manage- ment studies pursuant to Penal Code
Section 13513. Current Commission Procedure G−1, Guidelines for Counseling Service, references “Special Survey” and “General Survey” as services provided; however, the scope of work involved in these processes is beyond that of a simple survey. The service provided is more in- clusive of interpreting agency−generated data and pro- viding local law enforcement agencies counseling services/recommendations to improve their adminis-
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2043 tration, management, or law enforcement operations, and increase efficiency or effectiveness. Commission Procedure G−1−8, Consultants As- signed, currently refers to the “Peace Officers’ Training Fund”; however, that fund is no longer in existence, and reference to it shall be removed. Commission Procedure G−1−10, POST Consultants, states that there is no charge for counseling services provided by POST staff. These services require a con- siderable amount of staff time and resources resulting in an increased financial impact to POST’s budget.
POST intends to mitigate this financial impact by charging a fee to conduct general or special studies based upon ac- tual direct costs for completing the study and indirect costs determined in accordance with State Administra- tive Manual sections 8752 and 8752.1. The specific benefits anticipated by the proposed changes to the POST Guidelines for Counseling Ser- vices will be a more accurate reflection of the Manage- ment Counseling services available to the law enforce- ment profession.
Special and General studies include preliminary evaluations for a scope of work, an analysis of surveys, processes, and functions, and an extensive review of the administration, operation, and service provided by a local law enforcement department. The studies conclude with a written report and recommen- dations for improvement. Charging the requesting agency a fee for POST staff time to conduct a study will allow POST to continue to provide these services on an ongoing basis regardless of reductions to POST’s bud- get.
By paying for POST staff time, the agencies would still generally obtain studies at costs less than those pro- vided by private contractors, and may be more apt to evaluate and/or implement recommendations for improvement. The benefits of the proposed amendments to the regu- lation will be the enhancement of police processes and operations through the enactment of study recommen- dations. Thus, California law enforcement agencies can adequately maintain their standards to preserve peace; protect public health, safety, and welfare; and interact in a positive manner with their communities.
The pro- posed amendments will neither benefit nor harm work- er safety or the State’s environment. EV ALUATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE REGULATIONS POST has determined that this proposed regulation is not inconsistent or incompatible with existing regula- tions. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regulations that concern Training and T esting Specifications.
ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Di- gest.
If the Commission makes changes to the language before the date of adoption, the text of any modified lan- guage, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment pe- riod and to all persons who request notification from POST of the availability of such changes.
ESTIMATE OF ECONOMIC IMPACT Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: Minimal — Agencies to be charged for time and indirect costs for select POST em- ployees conducting the study. It is estimated the cost per study could be between $3,000−$5,000 for studies with a smaller scope of work, and may extend up to $10,000 for lengthy or involved studies at larger agencies.
If cost is an issue there is a caveat to allow the POST Executive Director to authorize a study free of charge on a case− by−case basis depending on the needs of the agency. Non−Discretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code Sections 17500−17630 re- quire reimbursement: None.
Significant Statewide Adverse Economic Impact Di- rectly Affecting California Businesses, including Small Business: The Commission on Peace Officer Standards and Training has made an initial determination that the amended regulations will not have a significant statewide adverse economic impact directly affecting California business, including the ability of California businesses to compete with businesses in other states.
The Commission on Peace Officer Standards and Train- ing has found that the proposed amendments will not af- fect California businesses, including small businesses, because the Commission sets selection and training standards for law enforcement, which does not impact California businesses, including small businesses. Cost Impacts on Representative Private Persons or Businesses: The Commission on Peace Officer Stan- dards and Training has determined that there should be little to no cost impacts that a representative private per-
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2044 son or business would necessarily incur in reasonable compliance with the proposed action. POST currently does not charge for these services; however, the cost POST is proposing to charge is for staff time and will still generally be less than the same or similar work pro- vided by private contractors. POST is not aware of any cost impact that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action.
Effect on Housing Costs: The Commission on Peace Officer Standards and Training has made an initial de- termination that the proposed regulation would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT PER GOV . CODE
SECTION 11346.3(
b) The adoption of the proposed amendments of regula- tions will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California. The benefits of the proposed amendments of regula- tions to the health and welfare of California residents would be improved community/police relations and en- hanced police processes and operations by the enact- ment of the study recommendations.
Thus, the law en- forcement standards and mission of the organizations are maintained and will be effective in preserving peace, safety, and welfare in California. There would be no impact that would affect worker safety or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a)(13), to take this action the Commission must determine that no reasonable alter- native considered by the Commission, or that has other- wise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, or would be as effective, and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of the law.
A V AILABILITY OF MODIFIED TEXT Following the written comment period, and the hear- ing if one is held, the department may adopt the pro- posed regulations substantially as described in this no- tice. If modifications are made which are sufficiently related to the originally proposed text, the fully modi- fied text of this regulation, with changes clearly indicat- ed, pursuant to
Section 11346.8, shall be made available to the public for at least 15 days prior to the date on which the department adopts, amends, or repeals the re- sulting regulations. Requests for copies of any modified regulations should be addressed to the department con- tact person in this notice. The department will accept written comments on the modified regulation for 15 days after the date on which they’re first made available to the public.
CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Andrew Wyant, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630. General questions regarding the regulatory process may be directed to Heidi Hernandez at (916) 227−2802.
TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon from the Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605−1630.These documents are also located on the POST website at: http://www.post.ca.gov/regulatory− actions.aspx. A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(
s) named above. To request a copy of the Final Statement of Reasons once it has been prepared, submit a written request to the contact person(
s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amend and Update the Training and Testing Specifications for Peace Officer Basic Courses Regulations 1005, 1007, and 1008 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2045 amend regulations in Division 2 of Title 11 of the Cali- fornia Code of Regulations as described below in the In- formative Digest. A public hearing is not scheduled. Pursuant to Government Code §11346.8, any interested person, or his/her duly authorized representative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY JANUARY 7, 2019, AT 5:00 P.M.
Notice is also given that any interested person, or au- thorized representative, may submit written comments relevant to the proposed regulatory action by fax at (916) 227−6932 or by letter to: Commission on POST Attn: Cheryl Smith 860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vest- ed by Penal Code §13503 (authority of Commission on POST) and Penal Code §13506 (POST authority to adopt regulations).
This proposal is intended to inter- pret, implement, and make specific Penal Code §13503(e), which authorizes POST to develop and im- plement programs to increase the effectiveness of law enforcement, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Penal Code § 13510 requires that POST develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforce- ment officers.
This proposed action will update the in- corporated by reference document, Training and Test- ing Specifications for Peace Officer Basic Courses (re- vised 2/1/2019), to include removal of a presenter ap- proved impact weapon technique and adding the stu- dent making a less−than−deadly force option decision. Additionally, the incorporation by reference statements in POST Regulations sections 1005, 1007, and 1008 will be revised to reflect the updated revised date for the Training and Testing Specifications for Peace Officer Basic Courses.
The benefit anticipated by the proposed amendments to the regulations will be to update the training specifi- cations for Peace Officer Basic Courses, which will in- crease the effectiveness of law enforcement standards for peace officers in preserving peace, protection of public health and safety, and welfare of California residents. During the process of developing these regulations and amendments, POST has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompat- ible with existing state regulations.
All changes to curriculum begin with recommenda- tions from law enforcement practitioners or in some cases via legislative mandates. POST then facilitates meetings attended by curriculum advisors and subject matter experts who provide recommended changes to existing curriculum. The completed work of all com- mittees is presented to the POST Commission for final review and adoption. Upon adoption of the proposed amendments, academies and course presenters will be required to teach and test the updated curriculum. The proposed effective date is February 1, 2019.
DOCUMENT INCORPORATED BY REFERENCE Training and Testing Specifications for Peace Officer Basic Courses, revised 2/1/2019. ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice or may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Digest.
If the Com- mission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be addressed to the agency official designat- ed in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.
ESTIMATE OF ECONOMIC IMPACT Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non−Discretionary Costs/Savings to Local Agen- cies: None.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2046 Local Mandate: None. Costs to Any Local Agency or School District for which Government Code §§ 17500−17630 require re- imbursement: None.
Significant Statewide Adverse Economic Impact Di- rectly Affecting California Businesses, including Small Business: The Commission on Peace Officer Standards and Training has made an initial determination that the amended regulations will not have a significant statewide adverse economic impact directly affecting California business, including the ability of California businesses to compete with businesses in other states.
The Commission on Peace Officer Standards and Train- ing has found that the proposed amendments will not af- fect California businesses, including small businesses, because the Commission sets selection and training standards for law enforcement, which does not impact California businesses, including small businesses. Effect on Housing Costs: The Commission on Peace Officer Standards and Training has made an initial de- termination that the proposed regulations would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT PER GOVERNMENT CODE § 11346.3(
b) The adoption of the proposed amendments of regula- tions will neither create, nor eliminate, jobs in the State of California, nor result in the elimination of existing businesses or create, or expand, businesses in the State of California. The proposed amendments of regulations will in- crease the effectiveness of law enforcement standards for peace officers in preserving peace, protection of public health and safety, and welfare of California. There would be no impact that would affect worker safety or the state’s environment.
COST IMPACT ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The Commission is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.
CONSIDERATION OF ALTERNATIVES To take this action, the Commission must determine that no reasonable alternative considered by the Com- mission, or otherwise identified and brought to the Commission, would be more effective in carrying out the purpose for which the action is proposed; or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law than the proposed action.
CONTACT PERSON Questions regarding this proposed regulatory action may be directed to Cheryl Smith, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630 at (916) 227−0544. General ques- tions regarding the regulatory process may be directed to Heidi Hernandez at (916) 227−2802, or by FAX at (916) 227−5271.
TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605−1630. These documents are also located on the POST website at: http://www.post.ca.gov/regulatory−actions.aspx.
A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(
s) named above. To request a copy of the Final Statement of Reasons once it has been prepared, submit a written request to the contact person(
s) named above. TITLE 14. FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by Sections 200, 205, 260, 265 and 399 of the Fish and Game Code (FGC) and to implement, in- terpret or make specific Sections 200, 205, 260, 265 and 399 of said Code, proposes to add
Section 29.06, Title 14, California Code of Regulations (CCR), relating to increase of recreational take of purple sea urchin. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The addition of
Section 29.06 increases the recre- ational take of purple sea urchin to 40 gallons. This is
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2047 one of several actions taken by the California Depart- ment of Fish and Wildlife (Department) that is neces- sary to protect the historic and valuable ocean habitat on the northern California coast. The recent increase in population of the purple sea urchin has led to significant losses of ocean habitat. Unchecked, the purple sea urchin has decimated kelp beds leading to the decline of abalone and other important marine life dependent on this unique ecosystem. As an emergency rule,
Section 29.11 increased recre- ational take of purple sea urchin to 20 gallons. This pro- vision is due to sunset on February 7, 2019. To maintain recreational interest in purple sea urchins, to the end that will benefit kelp and abalone recovery, a standard rulemaking is necessary to allow a higher take limit. Furthermore, bull kelp, the dominant kelp in northern California, is an annual species. Any restoration at- tempt would yield observable results only after it has been conducted for a year or more.
As such, both the goal of supporting a growing recreational interest and the goal of restoring habitat require the new regulation 29.06 for at least the next two or more years. The addition of
Section 29.06 extends the higher take limit to Humboldt, Mendocino, Sonoma, and possibly Del Norte counties. BENEFITS OF THE REGULATIONS The regulation would maintain a developing recre- ational interest in purple sea urchin as well as help re- duce grazing pressure in a vulnerable ecosystem. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The proposed regulations are consistent with
Section 29.05, Title 14, CCR. Commission staff has searched the CCR and found no other regulations that address the recreational take of purple sea urchin and therefore finds that the proposed regulations are neither inconsis- tent nor incompatible with existing State regulations. The Legislature has delegated authority to the Commis- sion to adopt regulations necessary to regulate the recreational take of fish, including purple sea urchins (FGC
Section 205). No other state agency has the au- thority to regulate the recreational take of purple sea urchin. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held at the QLN Conference Center, 1938 Avenida del Oro, Oceanside, California, on Wednesday, December 12 at 8:00 a.m., or as soon thereafter as the matter may be heard.
NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in Sacramento, Cali- fornia, on February 7, 2019 at 9:00 a.m., or as soon thereafter as the matter may be heard. The specific loca- tion for this meeting is still being determined. As soon as this information is available, but not less than thirty days before the hearing, a continuation notice will be sent to interested and affected parties providing the ex- act location.
The continuation notice will also be pub- lished in the California Regulatory Notice Register and published on the Commission’s website. It is requested, but not required, that written com- ments be submitted on or before January 23, 2019 at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed or emailed to the Commis- sion office, must be received before 12:00 noon on Jan- uary 31, 2019. All comments must be received no later than February 7, 2019, at the hearing in Sacramento, California.
If you would like copies of any modifica- tions to this proposal, please include your name and mailing address. A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.
The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Acting Executive Direc- tor, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899. Please direct requests for the above−mentioned documents and inquiries concerning the regulatory process to Melissa Miller−Henson or David Thesell at the preceding address or phone num- ber.
Anthony Shiao, Environmental Scientist, Depart- ment of Fish and Wildlife, phone (805) 560−6056 has been designated to respond to questions on the sub- stance of the proposed regulations. Mailed comments should be addressed to Fish and Game Commission, PO Box 944209, Sacramento, CA 94244−2090. A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption.
Circumstances beyond the control of the Commission (e.g., timing of Federal reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re-
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2048 sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under
Section 265 of the Fish and Game Code. Regulations adopted pursuant to this
section are not subject to the time periods for adoption, amendment or repeal of regulations pre- scribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.
IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (
a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. Option 1: New Take Limit for Humboldt, Mendocino, and Sonoma Counties, and Option 2: New Take Limit for Del Norte, Humboldt, Mendocino, and Sonoma Counties would both create permanent incentives for more tourists to travel to coastal northern California and help stimulate local economy. (
b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment.
The Commission does not anticipate any impact on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California because the proposed regulation is not likely to substantially increase or decrease recreational fishing opportunities within California. The proposed regulation, (both Option 1 and Option 2) is expected to increase interests in recreational diving in northern California that previously did not exist, which may provide a small increase in economic stimulus to local economies.
The Commission anticipates benefits to the health and welfare of California residents (from both Option 1 and Option 2) through the vigorous activity required to pursue purple sea urchin. The Commission does not anticipate any benefits to worker safety because the proposed regulation will not affect existing working conditions. The Commission anticipates some benefit (from both Option 1 and Option 2) to the state’s environment through the restoration of kelp forest habitats to foster and support a diverse balance of species. (
c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action (for both Option 1 and Option 2). (
d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. (
e) Nondiscretionary Costs/Savings to Local Agencies: None. (
f) Programs Mandated on Local Agencies or School Districts: None. (
g) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under
Part 7 (commencing with
Section 17500) of Division 4, Government Code: None. (
h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1). CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2049 effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law. TITLE 23. DEPARTMENT OF WATER RESOURCES Title 23 Division 2. Department of Water Resources
Chapter 1. Dams and Reservoirs
Article 3. Annual Fee The Department of Water Resources (Department) is proposing to adopt regulations that define a methodolo- gy for establishing the annual
schedule of fees pursuant to Water Code
section 6307. The Department will con- duct a public hearing at the time and place noted below to receive comments on the proposed regulations. PUBLIC HEARING Interested members of the public may present comments on the proposed regulations orally or in writing at the hearing. The hearing will be held in accordance with the requirements in Government Code
section 11346.8. The hearing details are as follows: Date: Tuesday, January 8, 2019 Time: 10:00 a.m. Location: California Natural Resources Building Auditorium 1416 9th Street Sacramento, CA 95814 The hearing will commence at 10:00 a.m. and con- clude after the last speaker has been heard. Attendees, especially those intending to testify at the hearing, are encouraged to arrive no later than 10:00 a.m. in the event few or no commenters testify and/or the testimo- ny that is given is brief. WRITTEN COMMENT PERIOD Interested members of the public may submit com- ments by postal mail or email before the hearing.
The public comment period for this regulatory action will begin on November 23, 2018. To be considered by the Department, written comments submitted before the public hearing must be submitted on or after November 23, 2018 and received no later than 5:00 p.m. on Janu- ary 7, 2019 and must be addressed to the following: Email: Marcelino Alcantar Division of Safety of Dams Marcelino.Alcantar@water.ca.gov (916) 227−4640 Postal Mail: Marcelino Alcantar Division of Safety of Dams P.O.
Box 942836 Sacramento, CA 94236−0001 (916) 227−4640 Please note that under the California Public Records Act (Government Code § 6250 et seq.), written and oral comments, attachments, and associated contact infor- mation (e.g. address, phone, email, etc.) become part of the public record and can be released to the public upon request. The Department encourages members of the public to bring any suggestions for modification of the proposed regulation to the attention of staff before the hearing.
The Department requests, but does not require, that written and email statements on the proposed regu- lations be submitted at least 10 days before the hearing so that the Department has additional time to consider each comment. AUTHORITY AND REFERENCE Water Code sections 6078 and 6307 authorize the De- partment to adopt the proposed regulations. In addition, the proposed regulation will interpret and make specific the provisions of Water Code sections 6002, 6002.5, 6004.5, 6005, 6006, 6007, 6008, 6009, 6160, 6161, 6307, 6309, 6428, and 6429.
INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW Annual fees fund the Department’s California Dam Safety Program, which provides regulatory oversight of about 1,250 jurisdictional dams with respect to dam safety for the protection of public safety as well as the environment. Dams provide multiple benefits to the State in areas associated with power production, water supply, agricultural use, industrial use, flood control, recreation, and the environment.
Given the critical role that dams contribute to the welfare of the State and con- sidering that millions of people statewide live near or recreate at dams, the consequences of a dam failure may be significant with respect to life loss, economic loss, and adverse environmental impacts.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2050
SUMMARY OF EXISTING LAWS AND REGULATIONS The Department’s Division of Safety of Dams (DSOD) implements
Part 1 of Division 3 of the Water Code, which is commonly referred to as the Dam Safety Program. To implement this program, the Department has adopted regulations that govern several aspects of the Dam Safety Program, including construction and enlargement of dams and fees. These regulations are contained in Title 23 of the California Code of Regula- tions, Division 2,
Chapter 1. In 2017, newly enacted law Senate Bill 92 (SB 92) amended Water Code
section 6307, which requires the Department’s
schedule of fees to also cover the new costs of the dam safety regulatory program, including reviewing and approving inundation maps, performing more detailed reevaluation studies of appurtenant struc- tures, repaying budgetary loans, and maintaining a pru- dent reserve. In accordance with new subdivision (a)(3) of Water Code
section 6307, the
schedule of fees adopt- ed shall be based, in part, on the height of the dam on a per−foot basis. Before SB 92 and beginning in 2004,
section 6307 of the Water Code was amended to require program fund- ing solely through fees paid by dam owners. As a result, the annual
schedule of fees increased to the level re- quired at the time to fully fund the program, in combina- tion with application filing fees, without General Fund monies. Since 2004, annual fees are increased as neces- sary by the Director of the Department to cover periodic cost of living increases for the program. In advance of annual fee increases, the Department provides a sched- ule of fees reflecting the cost of living increases to the Legislature and dam owners. The Department has relied on Water Code
section 6307 when developing the
schedule of fees specifically required in
section 6307(a)(1). Water Code
section 6307(a)(3) does provide some guidance on how the an- nual fee is determined, by stipulating that the fee covers the Department’s reasonable regulatory costs, that the
schedule be based, in part, on the height of the dam and that the fee for certain categories of dam owners be lim- ited. No other specific fee determination criteria are in- cluded in the statutes. In addition, Water Code
section 6307(a)(1) specifically requires the Department’s
schedule of fees to be adopted by regulation. The proposed regulations ensure that the Dam Safety Program collects an adequate amount of revenue to sup- port its annually appropriated budget and provide a means to not excessively over− or under−collect fees to avoid unnecessarily impacting dam owners. The Dam Safety Program reduces the risk of the failure or an un- controlled release of water from a dam or its appur- tenant structures, resulting in the prevention of life loss, reduction in property damage, and lessening impacts to the environment. EFFECT OF PROPOSED RULEMAKING The proposed regulations identify the methodology used to determine the annual
schedule of fees required to cover the Department’s reasonable regulatory costs in carrying out the supervision of dam safety. This regu- lation ensures that the amount of fees collected is not overly conservative, which can impact the financial re- sources of dam owners, nor is it insufficient, which can impact the primary functions performed by the Dam Safety Program for public safety. The standardization of the methodology allows for the
schedule of fees to be calculated annually based on the estimated revenue required. DIFFERENCES FROM COMPARABLE FEDERAL REGULATIONS The Department determined that no Federal regula- tions were comparable with the proposed regulations. OBJECTIVES AND BENEFITS OF THE PROPOSED REGULATORY ACTION The purpose of the proposed regulations is to inter- pret and make specific the provisions of amended sec- tion 6307 of the Water Code by specifying the method- ologies and parameters used in determining the sched- ule of fees and clarifying provisions related to the pay- ment of annual fees.
These regulations include the following: • Determination of the amount of revenue required on a fiscal year basis • Explanation of the components of the
schedule of fees • Establishment of the various rate structures based on provisions in
section 6307 • Description of penalties for delinquent payment of annual fees • Assessment of fees for new or enlarged dams in operation during a fiscal year • Provisions for supplemental billing during a fiscal year • Determination of dams inoperative for annual fee billing As mentioned in the Informative Digest of this notice, the proposed regulations benefit the State by supporting the California Dam Safety Program that provides regu- latory oversight of about 1,250 jurisdictional dams with respect to dam safety for the protection of public safety as well as the environment. Dams provide multiple ben-
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2051 efits to the State in areas associated with power produc- tion, water supply, agricultural use, industrial use, flood control, recreation, and the environment. Given the crit- ical role that dams contribute to the welfare of the State and considering that millions of people statewide live near or recreate at dams, the consequences of a dam fail- ure may be significant with respect to life loss, econom- ic loss, and adverse environmental impacts.
COMPATIBILITY WITH EXISTING STATE REGULATIONS The Department has determined that this proposed regulation is not inconsistent or incompatible with ex- isting regulations.
After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regu- lations concerning “Annual Fees — Dam Safety program.” DISCLOSURES REGARDING PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: The Department has determined that the proposed regulations will not impose a mandate on local agencies or school districts that is required to be reimbursed un- der
part 7 (commencing with
section 17500) of Divi- sion 4 of the Government Code. Dams may be owned by local agencies or school districts, and therefore, subject to the annual fees. However, the regulations apply to all dam owners, not exclusively to local agencies and school districts. The proposed regulations apply to all owners of state jurisdictional dams, which include both public and privately owned dams. While the proposed regulations will impose costs on local agencies that own dams, the proposed regulatory action will not result in a reimbursable state−mandated program.
Cost or savings to any state agency: There are currently 47 jurisdictional dams owned by State government and the fiscal impact to these dams is estimated at $1.3 million for FY 19/20 and $1.2 million for FY 20/21. The annual savings provided to local gov- ernment and State agencies consists of lower costs for responding to and recovering from dam−related inci- dents and emergencies. The savings associated with preventing or reducing the risk of dam failures offset the annual fees imposed on local and state agencies.
Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: There are currently 608 dams owned by local govern- ment which may include local agencies (cities, coun- ties, water agencies or authorities) that are subject to the proposed regulation. The fiscal impacts for FY 19/20 to local government are estimated at $14.4 million and $14.2 million for FY 20/21. No school districts will be affected by this regulation.
As mentioned above, annual savings provided to local government and State agen- cies consists of lower costs for responding to and recov- ering from dam−related incidents and emergencies. The savings associated with preventing or reducing the risk of dam failures offset the annual fees imposed on local and state agencies. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. DOCUMENTS INCORPORATED BY REFERENCE California is the only state dam safety regulatory pro- gram specially funded through fees paid by dam own- ers.
Therefore, the Department could not rely on regu- latory fee structures from other dam safety programs or any technical documents for the development of the proposed regulations. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed regulations are not mandated by feder- al law or regulations. OTHER STATUTORY AND LEGAL REQUIREMENTS In February 2017, Governor Brown announced a 4−point plan to bolster dam safety and flood protection as outlined below. The Department’s Dam Safety Pro- gram is implementing Items 2 and 3 with respect to dam safety. 1.
Invest $437 million in near−term flood control and emergency response actions by redirecting $50 million from the General Fund and requesting a $387 million Proposition 1 appropriation from the Legislature as soon as possible. 2. Require emergency action plans and flood inundation maps for state jurisdictional dams, except those classified as having low potential for downstream hazard. 3. Enhance California’s existing dam inspection program. 4. Seek prompt regulatory action and increased funding from the federal government to improve dam safety.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2052 HOUSING COSTS The Department has made the initial determination that the proposed regulatory action will not have a sig- nificant effect on housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE The Department has made the initial determination that the proposed regulatory action may potentially have significant statewide adverse economic impacts directly affecting businesses. DSOD regulates an esti- mated 591 privately owned dams owned by individuals and private businesses.
Privately owned dams are gen- erally used in the following industries: water and ener- gy supply, agriculture, and homeowner’s associations. Dams subject to these regulations are owned by differ- ent business types, ranging from large investor−owned utilities to small businesses. The cost to comply with this regulation may be significant for some dam owners. The Department has, therefore, made an initial determi- nation that the adoption of this regulation may have a potentially significant, statewide adverse economic im- pact directly affecting business.
It is uncertain, though, whether the regulation will impact the ability of Cali- fornia businesses to compete with businesses in other states. The Department has considered proposed alter- natives that would lessen any adverse economic impact on business and invites you to submit proposals. Sub- missions may include the following considerations: i. The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to businesses. ii. Consolidation or simplification of compliance and reporting requirements for businesses. iii.
The use of performance standards rather than prescriptive standards. iv. Exemption or partial exemption from the regulatory requirements for businesses. STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The cost to comply with this regulation may be signif- icant for some dam owners. Dam owners may downsize or alter their workforce as a result of the regulation and may create jobs/businesses to meet new mandatory statutes. The Department does not anticipate any busi- nesses being expanded; however, some dam owners may choose to discontinue use of the dam.
Of the 629 dam owners, 399 are private owners and 230 are public owners. Private owners include small businesses, asso- ciations, and investor−owned utilities. The direct costs to the private sector and public sector are estimated at $5 million and $16 million, respectively. After full im- plementation of the regulations, the maximum 12−month economic impact to the private sector will be a total of approximately $26 million, which includes di- rect, indirect, and induced cost estimates. The core benefits of this proposed regulation are in public safety, protection of property, and environmental protection.
The revenue generated by this proposed reg- ulation generally supports: (1) maintenance inspections and surveillance monitoring; (2) reevaluation studies of existing dams; (3) inundation map reviews; (4) emer- gency and incident response; (5) enforcement actions; (6) public inquiries and dam owner education; (7) bud- getary loan repayments; and (8) a prudent reserve for economic uncertainties.
Based on the above−mentioned analysis: The Department concludes that it is 1. unlikely that the proposal will create jobs; however, it may eliminate jobs; 2. unlikely that the proposal will create businesses; however, it may eliminate businesses; 3. unlikely that the proposed regulation will result in the expansion of businesses currently doing business within the state.
COST IMPACTS ON A REPRESENTATIVE PERSON OR BUSINESS The economic impact over a 12−month period for pri- vate sector dam owners is expected to be approximately $26 million of which $5 million is private sector direct costs and an additional $5 million in assumed indirect and induced costs, and $16 million assumed as public sector induced and indirect costs. The proposed regulation considers the height of each dam in determining the amount of the annual fee by dam.
The initial cost impact on representative persons or businesses will differ amongst dam owners as the height of the dams owned by different entities varies in the inventory.
Estimations of cost impacts for Fiscal Year 2019/20 based on the average dam height within specific categories are listed below: 1) An association would have, on average, an initial cost of $16,675 for a 51−foot−high dam under the General Rate and $1,823 for a 26−foot−high dam under the Reduced Rate. 2) A private company would have, on average, an initial cost of $20,897 for a 64−foot−high dam under the General Rate and $2,112 for a 31−foot−high dam under the Reduced Rate.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2053 3) An individual owner would have, on average, an initial cost of $9,697 for a 28−foot−high dam under the General Rate and $1,931 for a 29−foot−high dam under the Reduced Rate. 4) Private trusts and estates would have, on average, an initial cost of $6,013 for a 16−foot−high dam under the General Rate and $2,464 for a 37−foot−high dam under the Reduced Rate. BUSINESS REPORTING REQUIREMENTS The proposed regulation requires that a fee be paid on an annual basis, but no reports are required by this regulation.
EFFECT ON SMALL BUSINESS Some dams that are subject to the annual fee are owned by small businesses, so the Department has de- termined that the proposed action affects small businesses.
ALTERNATIVES STATEMENT The Department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the attention of the Department • would be more effective in carrying out the purpose for which the action is proposed, • would be as effective and less burdensome to affected private persons than the proposed action, or • would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
DEPARTMENT CONTACT PERSONS AND A V AILABILITY OF DOCUMENTS Department Contact Persons Questions regarding the proposed regulatory action may be directed to: Marcelino Alcantar Division of Safety of Dams P.O. Box 942836 Sacramento, CA 94236−0001 (916) 227−4640 Marcelino.Alcantar@water.ca.gov Backup contact person: Kristen Martin Division of Safety of Dams P.O. Box 942836 Sacramento, CA 94236−0001 (916) 227−2170 Kristen.Martin@water.ca.gov A V AILABILITY OF PROPOSED REGULATIONS The Department has prepared an initial statement of reasons (ISOR) for the proposed regulations.
This No- tice, the ISOR, the express terms of the proposed regu- lation, and all information upon which the proposed regulations are based are available on the Department’s website at damsafety.water.ca.gov. If substantial changes are made to the proposed regu- lations, the full revised text will be made available on the website for at least 15 days prior to adoption. All subsequent regulatory documents, including the final statement of reasons, when completed, will be made available on the website.
GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONCURRENCE REQUEST FOR San Joaquin River Restoration Project — Implementation of the Hatchery and Genetic Management Plan for the San Joaquin River Salmon Conservation and Research Hatchery Program (2080−2018−014−04) Butte, Napa, Yolo, and Fresno Counties The Department of Fish and Wildlife (Department) received a notice, with a postage date of October 24, 2018, stating that the U.S. Fish and Wildlife Service (Service) has received an enhancement of survival per- mit (Incidental Take Permit 20571) pursuant to 16 U.S.C. § 1539(a)(1)(
A) of the Federal Endangered Species Act (ESA) from the National Marine Fisheries Service (NMFS). The notice included two copies of the permit and NMFS’ August 22, 2018 Biological and Conferencing Opinion issued pursuant to
section 7 of the ESA. NMFS issued Incidental Take Permit 20571 to the Service on September 10, 2018, under
section 1539(a)(1)(
A) of Title 16 of the United States Code.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2054 The permit authorizes the Service to take egg, juvenile and/or adult spring run Chinook salmon (On- corhynchus tshawytscha) associated with hatchery propagation, research, and enhancement activities at the San Joaquin Conservation Hatchery Facilities, which include the Salmon Conservation and Research Facility (SCARF) near Friant Dam on the San Joaquin River, an interim SCARF, and a small Satellite Incuba- tion and Rearing Facility.
The permit authorizes the Service to collect, transport, rear, handle, and tag juve- niles and eggs from the Feather River Fish Hatchery, as well as collections from wild stocks in Butte Creek and the San Joaquin River, to implement a broodstock pro- gram. The permit also authorizes intentional take of in- dividuals by holding fish as captive broodstock, juve- nile rearing and release, and take associated with re- search, monitoring and evaluation studies.
The San Joaquin River Salmon Conservation and Research Hatchery Program is being undertaken to establish or maintain an experimental population in the San Joaquin River pursuant to
section 1539(
j) of Title16 of the Unit- ed States Code, and the San Joaquin River Restoration Settlement Act (Part I of Subtitle A of Title X of Public Law 111−11). The proposed project will occur in Butte, Napa, Yolo and Fresno Counties, California. These activities may adversely affect a species pro- tected by the California Endangered Species Act (CESA). Pursuant to California Fish and Game Code
section 2080.3, if the Department determines the 10(a)(1)(
A) permit will further the conservation of the species, no further authorization or approval is neces- sary under CESA for the Service to take spring run Chi- nook as identified in, and in accordance with, the en- hancement of survival permit.
DEPARTMENT OF TOXIC SUBSTANCES CONTROL THE CITY OF BENICIA PROPOSED CONSENT DECREE 711 and 750 Jackson Street, Benicia, Solano County, California (identified by Assessor’s Parcel number 0080−14−0440) and 938, 940, 942, 945, 946, 952, and 954 Tyler Street; 963, 965, 967, 969, 971, 973, 977, 979, 981, 983, 985, 989, and 991 Lincoln Street; and 900 and 954 Jackson Street, Benicia, Solano County, California (identified by Assessor’s Parcel numbers 0080−28−0010, 0080−28−0030, 0080−28−0040, 0080−28−0050) Public Comment Period: November 26, 2018 — December 26, 2018 WHAT IS BEING PROPOSED The California Department of Toxic Substances Con- trol (DTSC) invites the public to review and comment on a [Proposed] Consent Decree (proposed Consent Decree) regarding two sites at the Former Benicia Arse- nal site located at 711 and 750 Jackson Street, Benicia, Solano County, California (identified by Assessor’s Parcel number 0080−14−0440) and 938, 940, 942, 945, 946, 952, and 954 Tyler Street; 963, 965, 967, 969, 971, 973, 977, 979, 981, 983, 985, 989, and 991 Lincoln Street; and 900 and 954 Jackson Street, Benicia, Solano County, California (identified by Assessor’s Parcel numbers 0080−28−0010, 0080−28−0030, 0080−28−0040, 0080−28−0050) (together referred to as Site).
On November 9, 2018, DTSC lodged the pro- posed Consent Decree in California Department of Toxic Substances Control v. City of Benicia, Case No. 2:18−cv−02952, with the United States District Court for the Eastern District of California. The proposed Consent Decree resolves DTSC’s claims against the City of Benicia under the Comprehensive Environmen- tal Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601(
a) et seq. and other statutes for its liability for the contamination at the Site. DTSC will consider comments received during the public comment period on the Consent Decree and file with the Court any written comments received and DTSC’s responses thereto. The Court may then enter or approve the Consent Decree. DTSC also reserves the right to withdraw or withhold its consent to entry (ap- proval) of the Consent Decree if comments regarding the Consent Decree disclose facts or considerations that indicate the Consent Decree is inappropriate, improper or inadequate.
WHERE DO I GET MORE INFORMATION Copies of the proposed Consent Decree and other Site−related documents are available by contacting the DTSC Project Manager listed below; online at the DTSC EnviroStor websites https://www.envirostor. dtsc.ca.gov/public/profile_report.asp?global_id= 60001959 and https://www.envirostor.dtsc.ca.gov/ public/profile_report.asp?global_id=60001960 on the Community Involvement tab; or at DTSC Regional Records Office — File Room, 8800 Cal Center Drive in Sacramento, California 95826.
WHERE TO SEND COMMENTS Comments concerning the proposed Consent Decree should include “The City of Benicia CD Comment” in
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2055 the subject line of your e−mail or letter.
All comments must be postmarked or e−mailed by December 26, 2018 and submitted to: Shahid Mahmood Project Manager 8800 Cal Center Drive Sacramento, California 95826 (916) 255−3592 Shahid.Mahmood@dtsc.ca.gov Tammy Pickens Public Participation Specialist 8800 Cal Center Drive Sacramento, California 95826 (916) 255−3594; (866) 495−5651 Tammy.Pickens@dtsc.ca.gov PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (Proposition 65) CHEMICALS LISTED EFFECTIVE NOVEMBER 23, 2018 AS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER: GENTIAN VIOLET AND N−NITROSOHEXAMETHYLENEIMINE Effective November 23, 2018, the Office of Environ- mental Health Hazard Assessment (OEHHA) is adding gentian violet and N−nitrosohexamethyleneimine to the list of chemicals known to the state to cause cancer for purposes of the Safe Drinking Water and Toxic En- forcement Act of 1986 (Proposition 65 1).
At a public meeting on November 1, 2018, the Carcinogen Identifi- cation Committee (CIC) in its official capacity as the “state’s qualified experts” (SQE)2 determined that gen- tian violet and N−nitrosohexamethyleneimine were clearly shown by scientifically valid testing according to generally accepted principles to cause cancer. Regu- lations for the listing of chemicals by the CIC are set out in Title 27, California Code of Regulations,
section 25305(a)(1). A complete, updated chemical list is available on the OEHHA website at https://oehha.ca.gov/ proposition−65/proposition−65−list and will be pub- lished elsewhere in this issue of the California Regula- tory Notice Register. As indicated in the table below, gentian violet and N−nitrosohexamethyleneimine are listed as known to the state to cause cancer, effective November 23, 2018. Chemical CAS No.
Toxico- logical Endpoints Listing Mechanism* Effective Date Gentian violet (Crystal- violet) 548−62−9 Cancer SQE November 23, 2018 N−Nitroso- hexa- methylene- imine 932−83−2 Cancer SQE November 23, 2018 * Listing mechanism: SQE — “State’s Qualified Expert” mecha- nism (Health and Safety Code
section 25249.8(
b) and Title 27, Cal. Code of Regs.,
section 25305(a)(1)). OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) NOTICE OF INTENT TO LIST: p−CHLORO−a,a,a −TRIFLUOROTOLUENE (PARA−CHLOROBENZOTRIFLUORIDE, PCBTF) The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list p−chloro−a,a,a−trifluoro- toluene (also known as para−chlorobenzotrifluoride, or PCBTF) as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 1.
This action is being proposed under the authori- tative bodies listing mechanism2. 1 The Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code
section 25249.5 et seq. 2 Health and Safety Code
section 25249.8(b). 1 Commonly known as Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986 is codified in Health and Safety Code
section 25249.5 et seq. 2 See Health and Safety Code
section 25249.8(
b) and Title 27, Cal. Code of Regs.,
section 25306.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2056 Chemical Reference Occurrence and Uses p−Choloro−a,a,a−tri- fluorotoluene (para− Chlorobenzotrifluoride, PCBTF) NTP
(2018) Solvent used in paints, inks and coatings and as an industrial intermed- iate in the production of other chemicals (e.g. herbicides, dyes, pharmaceuticals). BACKGROUND ON LISTING VIA THE AUTHORITATIVE BODIES MECHANISM A chemical must be listed under the Proposition 65 regulations when two conditions are met: 1) An authoritative body formally identifies the chemical as causing cancer (Section 25306(d)3). 2) The evidence considered by the authoritative body meets the sufficiency criteria contained in the regulations (Section 25306(e)).
However, the chemical is not listed if scientifically valid data which were not considered by the authorita- tive body clearly establish that the sufficiency of evi- dence criteria were not met (Section 25306(f)). The National Toxicology Program (NTP) is one of several institutions designated as authoritative for the identification of chemicals as causing cancer (Section 25306(m)). OEHHA is the lead agency for Proposition 65 imple- mentation.
After an authoritative body has made a de- termination about a chemical, OEHHA evaluates whether listing under Proposition 65 is required using the criteria contained in the regulations. OEHHA’S DETERMINATION p−Chloro−α,α,α−trifluorotoluene meets the criteria for listing as known to the state to cause cancer under Proposition 65, based on findings of the NTP (2018).
FORMAL IDENTIFICATION AND SUFFICIENCY OF EVIDENCE FOR p−chloro−a,a,a−trifluorotoluene In 2018, NTP published a report, entitled Toxicology and Carcinogenesis Studies of p−Chloro−a,a,a−Triflu- orotoluene in Sprague Dawley Rats (Hsd:Sprague Dawley SD) and B6C3F1/N Mice (Inhalation Studies), that concludes that the chemical causes cancer (NTP, 2018). This report satisfies the formal identification and sufficiency of evidence criteria in the Proposition 65 regulations. OEHHA is relying on the NTP’s discussion of data and conclusions in the report that p−chloro−a,a,a−tri- fluorotoluene causes cancer.
NTP (2018) states in the Conclusion
section of the report’s
Summary (page 6): “We conclude that inhalation exposure to p−chloro−a,a,a−trifluorotoluene caused tumors . . . in the liver of male and female mice, and in the Hard- erian gland in female mice . . .” The NTP (2018) report states in the Conclusion sec- tion of the report’s Abstract and main body of the report (pages 10 and 78, respectively): “Under the conditions of these 2−year inhalation studies . . .
There was clear evidence of carcinogenic activity of p−chloro−α,α,α−trifluorotoluene in male B6C3F1/N mice based on increased incidences of hepatocellular carcinoma and hepatoblastoma in the liver.” “There was clear evidence of carcinogenic activity of p−chloro−α,α,α−trifluorotoluene in female B6C3F1/N mice based on increased incidences of hepatocellular adenoma, hepatocellular carcinoma, and hepatoblastoma in the liver.
The combined inci- dences of adenoma or adenocarcinoma in the Harde- rian gland of female mice were also considered to be related to treatment.” (Emphasis in original) Thus, NTP (2018) found that p−chloro−a,a,a−tri- fluorotoluene causes increased incidences of two types of malignant liver tumors in male and female mice, and of combined malignant and benign Harderian gland tu- mors in female mice. REQUEST FOR COMMENTS OEHHA is requesting comments as to whether p−chloro−a,a,a−trifluorotoluene meets the criteria set forth in the Proposition 65 regulations for authoritative bodies listings.
In order to be considered, OEHHA must receive comments by 5:00 p.m. on December 24, 2018. Comments may be submitted electronically through our website at https://oehha.ca.gov/comments. Comments submitted in paper form can be mailed, faxed, or delivered in person to the address below. Mailing Address: Julian Leichty Office of Environmental Health Hazard Assessment P.O. Box 4010, MS−12B Sacramento, California 95812−4010 Fax: (916) 323−2265 Street Address: 1001 I Street Sacramento, California 95814 3 All referenced sections are from Title 27 of the Cal. Code of Reg- ulations.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2057 Comments received during the public comment peri- od will be posted on the OEHHA website after the close of the comment period. By sending us your comments you are waiving any right to privacy you may have in the information you provide. Individual commenters should advise OEHHA when submitting documents to request redaction of home address or personal tele- phone numbers. Electronic files submitted should not have any form of encryption. If you have any questions, please contact Mr. Leichty at Julian.Leichty@oehha.ca.gov or at (916) 445−6900.
REFERENCES National Toxicology Program (NTP, 2018). Toxicol- ogy and Carcinogenesis Studies of p-Chloro− α,α,α−T rifluorotoluene in Sprague Dawley Rats (Hsd:Sprague Dawley SD) and B6C3F1/N Mice (In- halation Studies). Technical Report Series No. 594. US Department of Health and Human Services, NTP, Re- search Triangle Park, NC. Available at https://ntp.niehs.nih.gov/ntp/htdocs/lt_rpts/ tr594_508.pdf .
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (Proposition 65) NOTICE OF MODIFICATION OF CHEMICAL LISTING BY THE LABOR CODE MECHANISM EFFECTIVE NOVEMBER 23, 2018: ALCOHOLIC BEVERAGES The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is modifying the listing of alcoholic bever- ages as shown in the table below as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 1).
This action is being taken pursuant to the “Labor Code” listing mechanism 2. The basis for the modification of the listing was de- scribed in a public notice published in the August 3, 2018 issue of the California Regulatory Notice Register (Register 2018, No. 31−Z). The title of the notice was “Notice of Intent to Modify a Listing by the Labor Code Mechanism: Alcoholic Beverages.” The publication of the notice initiated a 30−day public comment period. OEHHA received six public comments on this change. The comments and OEHHA’s responses are posted with this Notice of Modification.
A complete, updated Proposition 65 list is published elsewhere in this issue of the California Regulatory No- tice Register and is available on the OEHHA website at https://oehha.ca.gov/proposition−65/proposition− 65−list . In
summary, OEHHA is modifying the current listing of “Ethanol in Alcoholic Beverages” to read as fol- lows3: Chemical CAS No. Endpoint Listing Mechanism Alcoholic beverages — Cancer LC * Listing mechanism: LC — “Labor Code” mechanism (Health and Safety Code
section 25249.8(
a) and Title 27 Cal. Code of Regs. sec- tion 25904). OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 CHEMICALS KNOWN TO THE STATE TO CAUSE CANCER OR REPRODUCTIVE TOXICITY November 23, 2018 The Safe Drinking Water and Toxic Enforcement Act of 1986 requires that the Governor revise and republish at least once per year the list of chemicals known to the State to cause cancer or reproductive toxicity. The iden- tification number indicated in the following list is the Chemical Abstracts Service (CAS) Registry Number.
No CAS number is given when several substances are presented as a single listing. The date refers to the initial appearance of the chemical on the list. For easy refer- ence, chemicals which are shown underlined are newly added. Chemicals which are shown with a strikeout were placed on the list with the date noted, and have subsequently been removed. 1 Health and Safety Code
section 25249.5 et seq. 2 Health and Safety Code
section 25249.8(
a) and Title 27, Cal. Code of Regs.,
section 25904. 3 There are two other related listings that will not be changed by this action. “Ethyl Alcohol in Alcoholic Beverages” will remain listed for reproductive toxicity (developmental endpoint) and “Alcoholic Beverages, when Associated with Alcohol Abuse” will remain listed for cancer. These listings were made pursuant to other mechanisms and those findings have not changed.
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2058 Allyl chloride 107−05−1 January 1, 1990 CHEMICALS KNOWN TO THE STATE TO CAUSE CANCER Chemical CAS Number Date A−alpha−C (2−Amino−9H−pyrido[2,3−b]indole) 26148−68−5 January 1, 1990 Acetaldehyde 75−07−0 April 1, 1988 Acetamide 60−35−5 January 1, 1990 Acetochlor 34256−82−1 January 1, 1989 2−Acetylaminofluorene 53−96−3 July 1, 1987 Acifluorfen sodium 62476−59−9 January 1, 1990 Acrylamide 79−06−1 January 1, 1990 Acrylonitrile 107−13−1 July 1, 1987 Actinomycin D 50−76−0 October 1, 1989 AF−2;[2−(2−furyl)−3−(5−nitro−2−furyl)]acrylamide 3688−53−7 July 1, 1987 Aflatoxins — January 1, 1988 Alachlor 15972−60−8 January 1, 1989 Alcoholic beverages — April 29, 2011 Alcoholic beverages, when associated with alcohol abuse — July 1, 1988 Aldrin 309−00−2 July 1, 1988 Delisted October 29, 1999 Aloe vera, non−decolorized whole leaf extract December 4, 2015 2−Aminoanthraquinone 117−79−3 October 1, 1989 p−Aminoazobenzene 60−09−3 January 1, 1990 ortho−Aminoazotoluene 97−56−3 July 1, 1987 4−Aminobiphenyl (4−aminodiphenyl) 92−67−1 February 27, 1987 1−Amino−2,4−dibromoanthraquinone 81−49−2 August 26, 1997 3−Amino−9−ethylcarbazole hydrochloride 6109−97−3 July 1, 1989 2−Aminofluorene 153−78−6 January 29, 1999 1−Amino−2−methylanthraquinone 82−28−0 October 1, 1989 2−Amino−5−(5−nitro−2−furyl)−1,3,4−thiadiazole 712−68−5 July 1, 1987 4−Amino−2−nitrophenol 119−34−6 January 29, 1999 Amitrole 61−82−5 July 1, 1987 Amsacrine 51264−14−3 August 7, 2009 Analgesic mixtures containing phenacetin — February 27, 1987 Androstenedione 63−05−8 May 3, 2011 Aniline 62−53−3 January 1, 1990 Aniline hydrochloride 142−04−1 May 15, 1998 ortho−Anisidine 90−04−0 July 1, 1987 ortho−Anisidine hydrochloride 134−29−2 July 1, 1987 Anthraquinone 84−65−1 September 28, 2007 Antimony oxide (Antimony trioxide) 1309−64−4 October 1, 1990 Aramite 140−57−8 July 1, 1987 Areca nut — February 3, 2006 Aristolochic acids — July 9, 2004 Arsenic (inorganic arsenic compounds) — February 27, 1987 Asbestos 1332−21−4 February 27, 1987 Auramine 492−80−8 July 1, 1987 Azacitidine 320−67−2 January 1, 1992 Azaserine 115−02−6 July 1, 1987 Azathioprine 446−86−6 February 27, 1987 Azobenzene 103−33−3 January 1, 1990 Benthiavalicarb−isopropyl 177406−68−7 July 1, 2008 Benz[a]anthracene 56−55−3 July 1, 1987 Benzene 71−43−2 February 27, 1987 Benzidine [and its salts] 92−87−5 February 27, 1987 Benzidine−based dyes — October 1, 1992
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2059 Chemical CAS Number Date Benzo[b]fluoranthene 205−99−2 July 1, 1987 Benzo[j]fluoranthene 205−82−3 July 1, 1987 Benzo[k]fluoranthene 207−08−9 July 1, 1987 Benzofuran 271−89−6 October 1, 1990 Benzophenone 119−61−9 June 22, 2012 Benzo[a]pyrene 50−32−8 July 1, 1987 Benzotrichloride 98−07−7 July 1, 1987 Benzyl chloride 100−44−7 January 1, 1990 Benzyl violet 4B 1694−09−3 July 1, 1987 Beryllium and beryllium compounds — October 1, 1987 Betel quid with tobacco — January 1, 1990 Betel quid without tobacco — February 3, 2006 2,2−Bis(bromomethyl)−1,3−propanediol 3296−90−0 May 1, 1996 Bis(2−chloroethyl)ether 111−44−4 April 1, 1988 N,N−Bis(2−chloroethyl)−2−naphthylamine (Chlornapazine) 494−03−1 February 27, 1987 Bischloroethyl nitrosourea (BCNU) (Carmustine) 154−93−8 July 1, 1987 Bis(chloromethyl)ether 542−88−1 February 27, 1987 Bis(2−chloro−l−methylethyl) ether, technical grade — October 29, 1999 Bitumens, extracts of steam−refined and air refined — January 1, 1990 Bracken fern — January 1, 1990 Bromate 15541−45−4 May 31, 2002 Bromochloroacetic acid 5589−96−8 April 6, 2010 Bromodichloroacetic acid 71133−14−7 July 29, 2016 Bromodichloromethane 75−27−4 January 1, 1990 Bromoethane 74−96−4 December 22, 2000 Bromoform 75−25−2 April 1, 1991 1−Bromopropane 106−94−5 August 5, 2016 1,3−Butadiene 106−99−0 April 1, 1988 1,4−Butanediol dimethanesulfonate (Busulfan) 55−98−1 February 27, 1987 Butylated hydroxyanisole 25013−16−5 January 1, 1990 beta−Butyrolactone 3068−88−0 July 1, 1987 Cacodylic acid 75−60−5 May 1, 1996 Cadmium and cadmium compounds — October 1, 1987 Caffeic acid 331−39−5 October 1, 1994 Captafol 2425−06−1 October 1, 1988 Captan 133−06−2 January 1, 1990 Carbaryl 63−25−2 February 5, 2010 Carbazole 86−74−8 May 1, 1996 Carbon black (airborne, unbound particles of respirable size) 1333−86−4 February 21, 2003 Carbon tetrachloride 56−23−5 October 1, 1987 Carbon−black extracts — January 1, 1990 N−Carboxymethyl−N−nitrosourea 60391−92−6 January 25, 2002 Catechol 120−80−9 July 15, 2003 Ceramic fibers (airborne particles of respirable size) — July 1, 1990 Certain combined chemotherapy for lymphomas — February 27,1987 Chloral 75−87−6 September 13, 2013 Chloral hydrate 302−17−0 September 13, 2013 Chlorambucil 305−03−3 February 27, 1987 Delisted January 4, 2013 Chloramphenicol sodium succinate 982−57−0 September 27, 2013 Chlordane 57−74−9 July 1, 1988 Chlordecone (Kepone) 143−50−0 January 1, 1988 Chlordimeform 6164−98−3 January 1, 1989 Chloramphenicol 56−75−7 October 1, 1989
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2060 Chemical CAS Number Date Chlorodibromomethane 124−48−1 January 1, 1990 Chlorendic acid 115−28−6 July 1, 1989 Chlorinated paraffins (Average chain length, C12; approximately 60 percent chlorine by weight) 108171−26−2 July 1, 1989 p−Chloroaniline 106−47−8 October 1, 1994 p−Chloroaniline hydrochloride 20265−96−7 May 15, 1998 Delisted October 29, 1999 Chloroethane (Ethyl chloride) 75−00−3 July 1, 1990 1−(2−Chloroethyl)−3−cyclohexyl−l−nitrosourea (CCNU) (Lomustine) 13010−47−4 January 1, 1988 1−(2−Chloroethyl)−3−(4−methylcyclohexyl)−l−nitrosourea (Methyl−CCNU) 13909−09−6 October 1, 1988 Chloroform 67−66−3 October 1, 1987 Chloromethyl methyl ether (technical grade) 107−30−2 February 27, 1987 3−Chloro−2−methylpropene 563−47−3 July 1, 1989 1−Chloro−4−nitrobenzene 100−00−5 October 29, 1999 4−Chloro−ortho−phenylenediamine 95−83−0 January 1, 1988 p−Chloro−o−toluidine 95−69−2 January 1, 1990 p−Chloro−o−toluidine, strong acid salts of — May 15, 1998 5−Chloro−o−toluidine and its strong acid salts — October 24, 1997 Chloroprene 126−99−8 June 2, 2000 Chlorothalonil 1897−45−6 January 1, 1989 Chlorotrianisene 569−57−3 September 1, 1996 Chlorozotocin 54749−90−5 January 1, 1992 Chromium (hexavalent compounds) — February 27, 1987 Chrysene 218−01−9 January 1, 1990 C.I.
Acid Red 114 6459−94−5 July 1, 1992 C.I. Basic Red 9 monohydrochloride 569−61−9 July 1, 1989 C.I. Direct Blue 15 2429−74−5 August 26, 1997 C.I. Direct Blue 218 28407−37−6 August 26, 1997 C.I. Disperse Yellow 3 2832−40−8 February 8, 2013 C.I.
Solvent Yellow 14 842−07−9 May 15, 1998 Ciclosporin (Cyclosporin A; Cyclosporine) 59865−13−3 79217−60−0 January 1, 1992 Cidofovir 113852−37−2 January 29, 1999 Cinnamyl anthranilate 87−29−6 July 1, 1989 Cisplatin 15663−27−1 October 1, 1988 Citrus Red No. 2 6358−53−8 October 1, 1989 Clofibrate 637−07−0 September 1, 1996 Clomiphene citrate 50−41−9 May 24, 2013 CMNP (pyrazachlor) 6814−58−0 August 21, 2015 Cobalt metal powder 7440−48−4 July 1, 1992 Cobalt [II] oxide 1307−96−6 July 1, 1992 Cobalt sulfate 10124−43−3 May 20, 2005 Cobalt sulfate heptahydrate 10026−24−1 June 2, 2000 Coconut oil diethanolamine condensate (cocamide diethanolamine) — June 22, 2012 Coke oven emissions — February 27, 1987 Conjugated estrogens — February 27, 1987 Creosotes — October 1, 1988 para−Cresidine 120−71−8 January 1, 1988 Cumene 98−82−8 April 6, 2010 Cupferron 135−20−6 January 1, 1988 Cycasin 14901−08−7 January 1, 1988 Cyclopenta[cd]pyrene 27208−37−3 April 29, 2011 Cyclophosphamide (anhydrous) 50−18−0 February 27, 1987
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2061 Chemical CAS Number Date Cyclophosphamide (hydrated) 6055−19−2 February 27, 1987 Cytembena 21739−91−3 May 15, 1998 D&C Orange No. 17 3468−63−1 July 1, 1990 D&C Red No. 8 2092−56−0 October 1, 1990 D&C Red No. 9 5160−02−1 July 1, 1990 D&C Red No. 19 81−88−9 July 1, 1990 Dacarbazine 4342−03−4 January 1, 1988 Daminozide 1596−84−5 January 1, 1990 Dantron (Chrysazin; 1,8−Dihydroxyanthraquinone) 117−10−2 January 1, 1992 Daunomycin 20830−81−3 January 1, 1988 DDD (Dichlorodiphenyldichloroethane) 72−54−8 January 1, 1989 DDE (Dichlorodiphenyldichloroethylene) 72−55−9 January 1, 1989 DDT (Dichlorodiphenyltrichloroethane) 50−29−3 October 1, 1987 DDVP (Dichlorvos) 62−73−7 January 1, 1989 N,N’−Diacetylbenzidine 613−35−4 October 1, 1989 2,4−Diaminoanisole 615−05−4 October 1, 1990 2,4−Diaminoanisole sulfate 39156−41−7 January 1, 1988 4,4’−Diaminodiphenyl ether (4,4’−Oxydianiline) 101−80−4 January 1, 1988 2,4−Diaminotoluene 95−80−7 January 1, 1988 ) Delisted November 20, 2015 — Diazoaminobenzene 136−35−6 May 20, 2005 Dibenz[a,h]acridine 226−36−8 January 1, 1988 Dibenz[a,j]acridine 224−42−0 January 1, 1988 Dibenzanthracenes — December 26, 2014 Dibenz[a,c]anthracene 215−58−7 December 26, 2014 Dibenz[a,h]anthracene 53−70−3 January 1, 1988 Dibenz[a,j]anthracene 224−41−9 December 26, 2014 7H−Dibenzo[c,g]carbazole 194−59−2 January 1, 1988 Dibenzo[a,e]pyrene 192−65−4 January 1, 1988 Dibenzo[a,h]pyrene 189−64−0 January 1, 1988 Dibenzo[a,i]pyrene 189−55−9 January 1, 1988 Dibenzo[a,l]pyrene 191−30−0 January 1, 1988 Dibromoacetic acid 631−64−1 June 17, 2008 Dibromoacetonitrile 3252−43−5 May 3, 2011 1,2−Dibromo−3−chloropropane (DBCP) 96−12−8 July 1, 1987 2,3−Dibromo−1−propanol 96−13−9 October 1, 1994 Dichloroacetic acid 79−43−6 May 1, 1996 p−Dichlorobenzene 106−46−7 January 1, 1989 3,3’−Dichlorobenzidine 91−94−1 October 1, 1987 3,3’−Dichlorobenzidine dihydrochloride 612−83−9 May 15, 1998 1,4−Dichloro−2−butene 764−41−0 January 1, 1990 3,3’−Dichloro−4,4’−diaminodiphenyl ether 28434−86−8 January 1, 1988 1,1−Dichloroethane 75−34−3 January 1, 1990 Dichloromethane (Methylene chloride) 75−09−2 April 1, 1988 1,2−Dichloropropane 78−87−5 January 1, 1990 1,3−Dichloro−2−propanol (1,3−DCP) 96−23−1 October 8, 2010 1,3−Dichloropropene 542−75−6 January 1, 1989 Diclofop−methyl 51338−27−3 April 6, 2010 Dieldrin 60−57−1 July 1, 1988 Delisted January 4, 2013 Diepoxybutane 1464−53−5 January 1, 1988 Diesel engine exhaust — October 1, 1990 Diethanolamine 111−42−2 June 22, 2012 Dienestrol Diaminotoluene (mixed January 1, 1990 84−17−3 January 1, 1990
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2062 Chemical CAS Number Date Di(2−ethylhexyl)phthalate 117−81−7 January 1, 1988 1,2−Diethylhydrazine 1615−80−1 January 1, 1988 Diethyl sulfate 64−67−5 January 1, 1988 Diethylstilbestrol (DES) 56−53−1 February 27, 1987 Diglycidyl resorcinol ether (DGRE) 101−90−6 July 1, 1989 Dihydrosafrole 94−58−6 January 1, 1988 Diisononyl phthalate (DINP) — December 20, 2013 Diisopropyl sulfate 2973−10−6 April 1, 1993 3,3’−Dimethoxybenzidine (ortho−Dianisidine) 119−90−4 January 1, 1988 3,3’−Dimethoxybenzidine dihydrochloride (ortho−Dianisidine dihydrochloride) 20325−40−0 October 1, 1990 3,3’−Dimethoxybenzidine−based dyes metabolized to 3,3’−dimethoxybenzidine — June 11, 2004 3,3’−Dimethylbenzidine−based dyes metabolized to 3,3’−dimethylbenzidine — June 11, 2004 Dimethyl sulfate 77−78−1 January 1, 1988 4−Dimethylaminoazobenzene 60−11−7 January 1, 1988 trans−2−[(Dimethylamino)methylimino]−5−[2−(5−nitro−2− furyl)vinyl]−1,3,4−oxadiazole 55738−54−0 January 1, 1988 7,12−Dimethylbenz(a)anthracene 57−97−6 January 1, 1990 3,3’−Dimethylbenzidine (ortho−Tolidine) 119−93−7 January 1, 1988 3,3’−Dimethylbenzidine dihydrochloride 612−82−8 April 1, 1992 Dimethylcarbamoyl chloride 79−44−7 January 1, 1988 N,N−Dimethylformamide 68−12−2 October 27, 2017 1,1−Dimethylhydrazine (UDMH) 57−14−7 October 1, 1989 1,2−Dimethylhydrazine 540−73−8 January 1, 1988 2,6−Dimethyl−N−nitrosomorpholine (DMNM) 1456−28−6 February 8, 2013 N,N−Dimethyl−p−toluidine 99−97−8 May 2, 2014 Dimethylvinylchloride 513−37−1 July 1, 1989 3,7−Dinitrofluoranthene 105735−71−5 August 26, 1997 3,9−Dinitrofluoranthene 22506−53−2 August 26, 1997 1,3−Dinitropyrene 75321−20−9 November 2, 2012 1,6−Dinitropyrene 42397−64−8 October 1, 1990 1,8−Dinitropyrene 42397−65−9 October 1, 1990 Dinitrotoluene mixture, 2,4−/2,6− — May 1, 1996 2,4−Dinitrotoluene 121−14−2 July 1, 1988 2,6−Dinitrotoluene 606−20−2 July 1, 1995 Di−n−propyl isocinchomeronate (MGK Repellent 326) 136−45−8 May 1, 1996 1,4−Dioxane 123−91−1 January 1, 1988 Diphenylhydantoin (Phenytoin) 57−41−0 January 1, 1988 Diphenylhydantoin (Phenytoin), sodium salt 630−93−3 January 1, 1988 Direct Black 38 (technical grade) 1937−37−7 January 1, 1988 Direct Blue 6 (technical grade) 2602−46−2 January 1, 1988 Direct Brown 95 (technical grade) 16071−86−6 October 1, 1988 Disperse Blue 1 2475−45−8 October 1, 1990 Diuron 330−54−1 May 31, 2002 Doxorubicin hydrochloride (Adriamycin) 25316−40−9 July 1, 1987 Emissions from combustion of coal — August 7, 2013 Emissions from high−temperature unrefined rapeseed oil — January 3, 2014 Epichlorohydrin 106−89−8 October 1, 1987 Epoxiconazole 135319−73−2 April 15, 2011 Erionite 12510−42−8/ 66733−21−9 October 1, 1988
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2063 Chemical CAS Number Date Estradiol 17B 50−28−2 January 1, 1988 Estragole 140−67−0 October 29, 1999 Estrogens, steroidal — August 19, 2005 Estrogen−progestogen (combined) used as menopausal therapy — November 4, 2011 Estrone 53−16−7 January 1, 1988 Estropipate 7280−37−7 August 26, 1997 Ethanol in alcoholic beverages — April 29, 2011 Ethinylestradiol 57−63−6 January 1, 1988 Ethoprop 13194−48−4 February 27, 2001 Ethyl acrylate 140−88−5 July 1, 1989 Ethylbenzene 100−41−4 June 11, 2004 Ethyl methanesulfonate 62−50−0 January 1, 1988 Ethyl−4,4’−dichlorobenzilate 510−15−6 January 1, 1990 Ethylene dibromide 106−93−4 July 1, 1987 Ethylene dichloride (1,2−Dichloroethane) 107−06−2 October 1, 1987 Ethylene oxide 75−21−8 July 1, 1987 Ethylene thiourea 96−45−7 January 1, 1988 Ethyleneimine (Aziridine) 151−56−4 January 1, 1988 Etoposide 33419−42−0 November 4, 2011 Etoposide in combination with cisplatin and bleomycin — November 4, 2011 Fenoxycarb 72490−01−8 June 2, 2000 Folpet 133−07−3 January 1, 1989 Formaldehyde (gas) 50−00−0 January 1, 1988 2−(2−Formylhydrazino)−4−(5−nitro−2−furyl)thiazole 3570−75−0 January 1, 1988 FumonisinB1 116355−83−0 November 14, 2003 Furan 110−00−9 October 1, 1993 Furazolidone 67−45−8 January 1, 1990 Furfuryl alcohol 98−00−0 September 30, 2016 Furmecyclox 60568−05−0 January 1, 1990 Fusarin C 79748−81−5 July 1, 1995 Gallium arsenide 1303−00−0 August 1, 2008 Ganciclovir 82410−32−0 August 26, 1997 Gasoline engine exhaust (condensates/extracts) — October 1, 1990 Gemfibrozil 25812−30−0 December 22, 2000 Gentian violet (Crystal violet) 548−62−9 November 23, 2018 Glass wool fibers (inhalable and biopersistent) — July 1, 1990 Glu−P−1 (2−Amino−6−methyldipyrido[1,2− a:3’,2’−d]imidazole) 67730−11−4 January 1, 1990 Glu−P−2 (2−Aminodipyrido[1,2−a: 3’,2’−d]imidazole) 67730−10−3 January 1, 1990 Glycidaldehyde 765−34−4 January 1, 1988 Glycidol 556−52−5 July 1, 1990 Glyphosate 1071−83−6 July 7, 2017 Goldenseal root powder December 4, 2015 Griseofulvin 126−07−8 January 1, 1990 Gyromitrin (Acetaldehyde methylformylhydrazone) 16568−02−8 January 1, 1988 HC Blue 1 2784−94−3 July 1, 1989 Heptachlor 76−44−8 July 1, 1988 Heptachlor epoxide 1024−57−3 July 1, 1988 Herbal remedies containing plant species of the genus Aristolochia — July 9, 2004 Hexachlorobenzene 118−74−1 October 1, 1987 Hexachlorobutadiene 87−68−3 May 3, 2011 Hexachlorocyclohexane (technical grade) — October 1, 1987 Hexachlorodibenzodioxin 34465−46−8 April 1, 1988
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2064 Chemical CAS Number Date Isosafrole 120−58−1 October 1, 1989 Hexachloroethane 67−72−1 July 1, 1990 2,4−Hexadienal (89% trans, trans isomer; 11% cis, trans isomer) — March 4, 2005 Hexamethylphosphoramide 680−31−9 January 1, 1988 Hydrazine 302−01−2 January 1, 1988 Hydrazine sulfate 10034−93−2 January 1, 1988 Hydrazobenzene (1,2−Diphenylhydrazine) 122−66−7 January 1, 1988 1−Hydroxyanthraquinone 129−43−1 May 27, 2005 Imazalil 35554−44−0 May 20, 2011 Indeno [1,2,3−cd]pyrene 193−39−5 January 1, 1988 Indium phosphide 22398−80−7 February 27, 2001 IQ (2−Amino−3−methylimidazo[4,5−f]quinoline) 76180−96−6 April 1, 1990 Iprodione 36734−19−7 May 1, 1996 Iprovalicarb 140923−17−7 140923−25−7 June 1, 2007 Iron dextran complex 9004−66−4 January 1, 1988 Isobutyl nitrite 542−56−3 May 1, 1996 Isoprene 78−79−5 May 1, 1996 Isopyrazam 881686−58−1 July 24, 2012 Delisted December 8, 2006 Isoxaflutole 141112−29−0 December 22, 2000 Kresoxim−methyl 143390−89−0 February 3, 2012 Lactofen 77501−63−4 January 1, 1989 Lasiocarpine 303−34−4 April 1, 1988 Lead acetate 301−04−2 January 1, 1988 Lead and lead compounds — October 1, 1992 Lead phosphate 7446−27−7 April 1, 1988 Lead subacetate 1335−32−6 October 1, 1989 Leather dust — April 29, 2011 Lindane and other hexachlorocyclohexane isomers — October 1, 1989 Lynestrenol 52−76−6 February 27, 2001 Malathion 121−75−5 May 20, 2016 Malonaldehyde, sodium salt 24382−04−5 May 3, 2011 Mancozeb 8018−01−7 January 1, 1990 Maneb 12427−38−2 January 1, 1990 Marijuana smoke — June 19, 2009 Me−A−alpha−C (2−Amino−3−methyl−9H−pyrido[2,3−b]indole) 68006−83−7 January 1, 1990 Medroxyprogesterone acetate 71−58−9 January 1, 1990 Megestrol acetate 595−33−5 March 28, 2014 MeIQ(2−Amino−3,4−dimethylimidazo[4,5−f]quinoline) 77094−11−2 October 1, 1994 MeIQx(2−Amino−3,8−dimethylimidazo[4,5−f]quinoxaline) 77500−04−0 October 1, 1994 Melphalan 148−82−3 February 27, 1987 Mepanipyrin 110235−47−7 July 1, 2008 2−Mercaptobenzothiazole 149−30−4 October 27, 2017 Merphalan 531−76−0 April 1, 1988 Mestranol 72−33−3 April 1, 1988 Metam potassium 137−41−7 December 31, 2010 Metham sodium 137−42−8 November 6, 1998 8−Methoxypsoralen with ultraviolet A therapy 298−81−7 February 27, 1987 5−Methoxypsoralen with ultraviolet A therapy 484−20−8 October 1, 1988 2−Methylaziridine (Propyleneimine) 75−55−8 January 1, 1988 Methylazoxymethanol 590−96−5 April 1, 1988 Methylazoxymethanol acetate 592−62−1 April 1, 1988 Methyl carbamate 598−55−0 May 15, 1998
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2065 Chemical CAS Number Date 3−Methylcholanthrene 56−49−5 January 1, 1990 5−Methylchrysene 3697−24−3 April 1, 1988 4,4’−Methylene bis(2−chloroaniline) 101−14−4 July 1, 1987 4,4’−Methylene bis(N,N−dimethyl)benzenamine 101−61−1 October 1, 1989 4,4’−Methylene bis(2−methylaniline) 838−88−0 April 1, 1988 4,4’−Methylenedianiline 101−77−9 January 1, 1988 4,4’−Methylenedianiline dihydrochloride 13552−44−8 January 1, 1988 Methyleugenol 93−15−2 November 16, 2001 Methylhydrazine and its salts — July 1, 1992 2−Methylimidazole 693−98−1 June 22, 2012 4−Methylimidazole 822−36−6 January 7, 2011 Methyl iodide 74−88−4 April 1, 1988 Methyl isobutyl ketone 108−10−1 November 4, 2011 Methylmercury compounds — May 1, 1996 Methyl methanesulfonate 66−27−3 April 1, 1988 2−Methyl−1−nitroanthraquinone (of uncertain purity) 129−15−7 April 1, 1988 N−Methyl−N’−nitro−N−nitrosoguanidine 70−25−7 April 1, 1988 N−Methylolacrylamide 924−42−5 July 1, 1990 a−Methyl styrene (alpha−Methylstyrene) 98−83−9 November 2, 2012 Methylthiouracil 56−04−2 October 1, 1989 Metiram 9006−42−2 January 1, 1990 Metronidazole 443−48−1 January 1, 1988 Michler’s ketone 90−94−8 January 1, 1988 Mirex 2385−85−5 January 1, 1988 Mitomycin C 50−07−7 April 1, 1988 Mitoxantrone hydrochloride 70476−82−3 January 23, 2015 MON 4660 (dichloroacetyl−1−oxa−4−azaspiro(4,5)−decane) 71526−07−3 March 22, 2011 MON 13900 (furilazole) 121776−33−8 March 22, 2011 3−Monochloropropane−1,2−diol (3−MCPD) 96−24−2 October 8, 2010 Monocrotaline 315−22−0 April 1, 1988 MOPP (vincristine−prednisone−nitrogen mustard− procarbazine mixture 113803−47−7 November 4, 2011 5−(Morpholinomethyl)−3−[(5−nitro−furfurylidene)−amino]−2− oxazolidinone 139−91−3 April 1, 1988 Mustard Gas 505−60−2 February 27, 1987 MX (3−chloro−4−(dichloromethyl)−5−hydroxy−2(5H)−furanone) 77439−76−0 December 22, 2000 beta−Myrcene 123−35−3 March 27, 2015 Nafenopin 3771−19−5 April 1, 1988 Nalidixic acid 389−08−2 May 15, 1998 Naphthalene 91−20−3 April 19, 2002 1−Naphthylamine 134−32−7 October 1, 1989 2−Naphthylamine 91−59−8 February 27, 1987 Nickel (Metallic) 7440−02−0 October 1, 1989 Nickel acetate 373−02−4 October 1, 1989 Nickel carbonate 3333−67−3 October 1, 1989 Nickel carbonyl 13463−39−3 October 1, 1987 Nickel compounds — May 7, 2004 Nickel hydroxide 12054−48−7; 12125−56−3 October 1, 1989 Nickelocene 1271−28−9 October 1, 1989 Nickel oxide 1313−99−1 October 1, 1989 Nickel refinery dust from the pyrometallurgical process — October 1, 1987
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2066 Chemical CAS Number Date 5−Nitro−o−anisidine 99−59−2 October 1, 1989 Nickel subsulfide 12035−72−2 October 1, 1987 Niridazole 61−57−4 April 1, 1988 Nitrapyrin 1929−82−4 October 5, 2005 Nitrilotriacetic acid 139−13−9 January 1, 1988 Nitrilotriacetic acid, trisodium salt monohydrate 18662−53−8 April 1, 1989 5−Nitroacenaphthene 602−87−9 April 1, 1988 Delisted December 8, 2006 o−Nitroanisole 91−23−6 October 1, 1992 Nitrobenzene 98−95−3 August 26, 1997 4−Nitrobiphenyl 92−93−3 April 1, 1988 6−Nitrochrysene 7496−02−8 October 1, 1990 Nitrofen (technical grade) 1836−75−5 January 1, 1988 2−Nitrofluorene 607−57−8 October 1, 1990 Nitrofurazone 59−87−0 January 1, 1990 1−[(5−Nitrofurfurylidene)−amino]−2−imidazolidinone 555−84−0 April 1, 1988 N−[4−(5−Nitro−2−furyl)−2−thiazolyl]acetamide 531−82−8 April 1, 1988 Nitrogen mustard (Mechlorethamine) 51−75−2 January 1, 1988 Nitrogen mustard hydrochloride (Mechlorethamine hydrochloride) 55−86−7 April 1, 1988 Nitrogen mustard N−oxide 126−85−2 April 1, 1988 Nitrogen mustard N−oxide hydrochloride 302−70−5 April 1, 1988 Nitromethane 75−52−5 May 1, 1997 2−Nitropropane 79−46−9 January 1, 1988 1−Nitropyrene 5522−43−0 October 1, 1990 4−Nitropyrene 57835−92−4 October 1, 1990 N−Nitrosodi−n−butylamine 924−16−3 October 1, 1987 N−Nitrosodiethanolamine 1116−54−7 January 1, 1988 N−Nitrosodiethylamine 55−18−5 October 1, 1987 N−Nitrosodimethylamine 62−75−9 October 1, 1987 p−Nitrosodiphenylamine 156−10−5 January 1, 1988 N−Nitrosodiphenylamine 86−30−6 April 1, 1988 N−Nitrosodi−n−propylamine 621−64−7 January 1, 1988 N−Nitroso−N−ethylurea 759−73−9 October 1, 1987 N−Nitrosohexamethyleneimine 932−83−2 November 23, 2018 3−(N−Nitrosomethylamino)propionitrile 60153−49−3 April 1, 1990 4−(N−Nitrosomethylamino)−1−(3−pyridyl)1−butanone 64091−91−4 April 1, 1990 N−Nitrosomethyl−n−butylamine 7068−83−9 December 26, 2014 N−Nitrosomethyl−n−decylamine 75881−22−0 December 26, 2014 N−Nitrosomethyl−n−dodecylamine 55090−44−3 December 26, 2014 N−Nitrosomethylethylamine 10595−95−6 October 1, 1989 N−Nitrosomethyl−n−heptylamine 16338−99−1 December 26, 2014 N−Nitrosomethyl−n−hexylamine 28538−70−7 December 26, 2014 N−Nitrosomethyl−n−nonylamine 75881−19−5 December 26, 2014 N−Nitrosomethyl−n−octylamine 34423−54−6 December 26, 2014 N−Nitrosomethyl−n−pentylamine 13256−07−0 December 26, 2014 N−Nitrosomethyl−n−propylamine 924−46−9 December 26, 2014 N−Nitrosomethyl−n−tetradecylamine 75881−20−8 December 26, 2014 N−Nitrosomethyl−n−undecylamine 68107−26−6 December 26, 2014 N−Nitroso−N−methylurea 684−93−5 October 1, 1987 N−Nitroso−N−methylurethane 615−53−2 April 1, 1988 N−Nitrosomethylvinylamine 4549−40−0 January 1, 1988 N−Nitrosomorpholine 59−89−2 January 1, 1988 N−Nitrosonornicotine 16543−55−8 January 1, 1988 N−Nitrosopiperidine 100−75−4 January 1, 1988 N−Nitrosopyrrolidine 930−55−2 October 1, 1987
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2067 Chemical CAS Number Date N−Nitrososarcosine 13256−22−9 January 1, 1988 o−Nitrotoluene 88−72−2 May 15, 1998 Norethisterone (Norethindrone) 68−22−4 October 1, 1989 Norethynodrel 68−23−5 February 27, 2001 Ochratoxin A 303−47−9 July 1, 1990 Oil Orange SS 2646−17−5 April 1, 1988 Oral contraceptives, combined — October 1, 1989 Oral contraceptives, sequential — October 1, 1989 Oryzalin 19044−88−3 September 12, 2008 Oxadiazon 19666−30−9 July 1, 1991 Oxazepam 604−75−1 October 1, 1994 Oxymetholone 434−07−1 January 1, 1988 Oxythioquinox (Chinomethionat) 2439−01−2 August 20, 1999 Palygorskite fibers (> 5μm in length) 12174−11−7 December 28, 1999 Panfuran S 794−93−4 January 1, 1988 Parathion 56−38−2 May 20, 2016 Pentachlorophenol 87−86−5 January 1, 1990 Pentabromodiphenyl ether mixture [DE−71 (technical grade)] — July 7, 2017 Pentachlorophenol and by−products of its synthesis (complex mixture) — October 21, 2016 Pentosan polysulfate sodium — April 18, 2014 Phenacetin 62−44−2 October 1, 1989 Phenazopyridine 94−78−0 January 1, 1988 Phenazopyridine hydrochloride 136−40−3 January 1, 1988 Phenesterin 3546−10−9 July 1, 1989 Phenobarbital 50−06−6 January 1, 1990 Phenolphthalein 77−09−8 May 15, 1998 Phenoxybenzamine 59−96−1 April 1, 1988 Phenoxybenzamine hydrochloride 63−92−3 April 1, 1988 o−Phenylenediamine and its salts 95−54−5 May 15, 1998 Phenyl glycidyl ether 122−60−1 October 1, 1990 Phenylhydrazine and its salts — July 1, 1992 o−Phenylphenate, sodium 132−27−4 January 1, 1990 o−Phenylphenol 90−43−7 August 4, 2000 PhiP(2−Amino−1−methyl−6−phenylimidazol[4,5−b]pyridine) 105650−23−5 October 1, 1994 Pioglitazone 111025−46−8 April 18, 2014 Pirimicarb 23103−98−2 July 2, 2008 Polybrominated biphenyls — January 1, 1988 Polychlorinated biphenyls — October 1, 1989 Polychlorinated biphenyls (containing 60 or more percent chlorine by molecular weight) — January 1, 1988 Polychlorinated dibenzo−p−dioxins — October 1, 1992 Polychlorinated dibenzofurans — October 1, 1992 Polygeenan 53973−98−1 January 1, 1988 Ponceau MX 3761−53−3 April 1, 1988 Ponceau 3R 3564−09−8 April 1, 1988 Potassium bromate 7758−01−2 January 1, 1990 Primidone 125−33−7 August 20, 1999 Procarbazine 671−16−9 January 1, 1988 Procarbazine hydrochloride 366−70−1 January 1, 1988 Procymidone 32809−16−8 October 1, 1994 Progesterone 57−83−0 January 1, 1988 Pronamide 23950−58−5 May 1, 1996 Propachlor 1918−16−7 February 27, 2001
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2068 Chemical CAS Number Date Saccharin 81−07−2 October 1, 1989 Saccharin, sodium 128−44−9 January 1, 1988 d1,3−Propane sultone 1120−71−4 January 1, 1988 Propargite 2312−35−8 October 1, 1994 beta−Propiolactone 57−57−8 January 1, 1988 Propoxur 114−26−1 August 11, 2006 Propylene glycol mono−t−butyl ether 57018−52−7 June 11, 2004 Propylene oxide 75−56−9 October 1, 1988 Propylthiouracil 51−52−5 January 1, 1988 Pulegone 89−82−7 April 18, 2014 Pymetrozine 123312−89−0 March 22, 2011 Pyridine 110−86−1 May 17, 2002 Quinoline and its strong acid salts — October 24, 1997 Radionuclides — July 1, 1989 Reserpine 50−55−5 October 1, 1989 Residual (heavy) fuel oils — October 1, 1990 Resmethrin 10453−86−8 July 1, 2008 Riddelliine 23246−96−0 December 3, 2004 Delisted April 6, 2001 Delisted January 17, 2003 Safrole 94−59−7 January 1, 1988 Salted fish, Chinese−style — April 29, 2011 Sedaxane 874967−67−6 July 1, 2016 Selenium sulfide 7446−34−6 October 1, 1989 Shale−oils 68308−34−9 April 1, 1990 Silica, crystalline (airborne particles of respirable size) — October 1, 1988 Soots, tars, and mineral oils (untreated and mildly treated oils and used engine oils) — February 27, 1987 Spirodiclofen 148477−71−8 October 8, 2010 Spironolactone 52−01−7 May 1, 1997 Stanozolol 10418−03−8 May 1, 1997 Sterigmatocystin 10048−13−2 April 1, 1988 Streptozotocin (streptozocin) 18883−66−4 January 1, 1988 Strong inorganic acid mists containing sulfuric acid — March 14, 2003 Styrene 100−42−5 April 22, 2016 Styrene oxide 96−09−3 October 1, 1988 Sulfallate 95−06−7 January 1, 1988 Sulfasalazine (Salicylazosulfapyridine) 599−79−1 May 15, 1998 Talc containing asbestiform fibers — April 1, 1990 Tamoxifen and its salts 10540−29−1 September 1, 1996 Teriparatide 52232−67−4 August 14, 2015 Terrazole 2593−15−9 October 1, 1994 Testosterone and its esters 58−22−0 April 1, 1988 Tetrabromobisphenol A 79−94−7 October 27, 2017 3,3’,4,4’−Tetrachloroazobenzene 14047−09−7 July 24, 2012 2,3,7,8−Tetrachlorodibenzo−para−dioxin (TCDD) 1746−01−6 January 1, 1988 1,1,1,2−Tetrachloroethane 630−20−6 September 13, 2013 1,1,2,2−Tetrachloroethane 79−34−5 July 1, 1990 Tetrachloroethylene (Perchloroethylene) 127−18−4 April 1, 1988 p−a,a,a−Tetrachlorotoluene 5216−25−1 January 1, 1990 Tetrachlorvinphos 22248−79−9 May 20, 2016 Tetrafluoroethylene 116−14−3 May 1, 1997 Tetranitromethane 509−14−8 July 1, 1990 Thioacetamide 62−55−5 January 1, 1988 4,4’−Thiodianiline 139−65−1 April 1, 1988
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2069 Chemical CAS Number Date para Toluidine 106−49−0 January 1, 1990 Tris(aziridinyl)−para−benzoquinone (Triaziquone) 68−76−8 October 1, 1989 Thiodicarb 59669−26−0 August 20, 1999 Thiouracil 141−90−2 June 11, 2004 Thiourea 62−56−6 January 1, 1988 Thorium dioxide 1314−20−1 February 27, 1987 Titanium dioxide (airborne, unbound particles of respirable size) — September 2, 2011 Tobacco, oral use of smokeless products — April 1, 1988 Tobacco smoke — April 1, 1988 Toluene diisocyanate 26471−62−5 October 1, 1989 ortho−Toluidine 95−53−4 January 1, 1988 ortho−Toluidine hydrochloride 636−21−5 January 1, 1988 Delisted October 29, 1999 Toxaphene (Polychlorinated camphenes) 8001−35−2 January 1, 1988 Toxins derived from Fusarium moniliforme (Fusarium verticillioides) — August 7, 2009 Treosulfan 299−75−2 February 27, 1987 Triamterene 396−01−0 April 18, 2014 S,S,S−Tributyl phosphorotrithioate (Tribufos, DEF) 78−48−8 February 25, 2011 Trichlormethine (Trimustine hydrochloride) 817−09−4 January 1, 1992 Trichloroacetic acid 76−03−9 September 13, 2013 Trichloroethylene 79−01−6 April 1, 1988 2,4,6−Trichlorophenol 88−06−2 January 1, 1988 1,2,3−Trichloropropane 96−18−4 October 1, 1992 2,4,5−Trimethylaniline and its strong acid salts — October 24, 1997 Trimethyl phosphate 512−56−1 May 1, 1996 TRIM®VX — May 25, 2018 2,4,6−Trinitrotoluene (TNT) 118−96−7 December 19, 2008 Triphenyltin hydroxide 76−87−9 July 1, 1992 Delisted December 8, 2006 Tris(1−aziridinyl)phosphine sulfide (Thiotepa) 52−24−4 January 1, 1988 Tris(2−chloroethyl) phosphate 115−96−8 April 1, 1992 Tris(2,3−dibromopropyl)phosphate 126−72−7 January 1, 1988 Tris(1,3−dichloro−2−propyl) phosphate (TDCPP) 13674−87−8 October 28, 2011 Trp−P−1 (Tryptophan−P−1) 62450−06−0 April 1, 1988 Trp−P−2 (Tryptophan−P−2) 62450−07−1 April 1, 1988 Trypan blue (commercial grade) 72−57−1 October 1, 1989 Unleaded gasoline (wholly vaporized) — April 1, 1988 Uracil mustard 66−75−1 April 1, 1988 Urethane (Ethyl carbamate) 51−79−6 January 1, 1988 Vanadium pentoxide (orthorhombic crystalline form) 1314−62−1 February 11, 2005 Vinclozolin 50471−44−8 August 20, 1999 Vinyl bromide 593−60−2 October 1, 1988 Vinyl chloride 75−01−4 February 27, 1987 4−Vinylcyclohexene 100−40−3 May 1, 1996 4−Vinyl−1−cyclohexene diepoxide (Vinyl cyclohexene dioxide) 106−87−6 July 1, 1990 Vinyl fluoride 75−02−5 May 1, 1997 Vinylidene chloride (1,1−Dichloroethylene) 75−35−4 December 29, 2017 Vinyl trichloride (1,1,2−Trichloroethane) 79−00−5 October 1, 1990 Wood dust — December 18, 2009 2,6−Xylidine (2,6−Dimethylaniline) 87−62−7 January 1, 1991
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 47-Z 2070 Chemical CAS Number Date Zineb 12122−67−7 January 1, 1990 tert−Amyl methyl ether developmental 994−05−8 December 18, 2009 Zalcitabine 7481−89−2 August 7, 2009 Zidovudine (AZT) 30516−87−1 December 18, 2009 Zileuton 111406−87−2 December 22, 2000 Delisted October 29, 1999 CHEMICALS KNOWN TO THE STATE TO CAUSE REPRODUCTIVE TOXICITY Chemical Type of Reproductive Toxicity CAS No.
Date Listed Abiraterone acetate developmental, female, male 154229−18−2 April 8, 2016 Acetazolamide developmental 59−66−5 August 20, 1999 Acetohydroxamic acid developmental 546−88−3 April 1, 1990 Acrylamide developmental, male 79−06−1 February 25, 2011 Actinomycin D developmental 50−76−0 October 1, 1992 All−trans retinoic acid developmental 302−79−4 January 1, 1989 Alprazolam developmental 28981−97−7 July 1, 1990 Altretamine developmental, male 645−05−6 August 20, 1999 Amantadine hydrochloride developmental 665−66−7 February 27, 2001 Amikacin sulfate developmental 39831−55−5 July 1, 1990 Aminoglutethimide developmental 125−84−8 July 1, 1990 Delisted December 13, 2013 Aminoglycosides developmental — October 1, 1992 Aminopterin developmental, female 54−62−6 July 1, 1987 Amiodarone hydrochloride developmental, female, male 19774−82−4 August 26, 1997 Amitraz developmental 33089−61−1 March 30, 1999 Amoxapine developmental 14028−44−5 May 15, 1998 Anabolic steroids female, male — April 1, 1990 Angiotensin converting enzyme (ACE) inhibitors developmental — October 1, 1